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KÁČER, M.: Constitutional conventions
and the power of the president in the Slovak Republic.
Právny obzor, 101, 2018, č. 6,
s. 554 – 565.
Abstract. Is it the case
that according to Slovak constitutional conventions president is authorized to
request parliament to defeat the government in motion of no confidence? Ján
Mazák, who defended the manner in which president Kiska tried to solve the
political crisis triggered by the murder of journalist Kuciak, suggests that it
is. In this article I will argue for the opposite: there is not such convention
in the Slovak constitutional system because the social practice on which Mazák
relies in his argument does not have the components of legal custom. In addition,
I will consider whether it would be more appropriate to look at our
constitutional conventions with British eyes, i.e. not as a law enforceable by
courts, but as political principles enforced directly and only by political
actors themselves.
Key words: legal
custom, constitutional convention, precedent, political accountability,
president
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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